Federal magistrate judge denies government’s motion to detain Kilmar Abrego Garcia

Kilmar Abrego Garcia’s family members — brother Cesar Abrego Garcia, wife Jennifer Vasquez Sura, and mother Cecilia de Abrego Garcia — leave Nashville’s Fred D. Thompson Federal Courthouse on June 13, 2025. (Photo: John Partipilo/Tennessee Lookout)

A federal magistrate judge in Nashville has denied the government’s motion to detain Kilmar Abrego Garcia, an immigrant living in Maryland who was wrongfully sent to a Salvadoran prison by U.S. immigration officials.

Federal prosecutors immediately filed notice they intend to appeal the decision. Both the decision by U.S. Magistrate Judge Barbara Holmes and the notice of appeal were filed Sunday.

In denying the government’s motion to keep Abrego detained, Holmes acknowledged that if he is released he will likely be taken into custody immediately by  U.S. Immigration and Customs Enforcement. Abrego, who has previously been referred to in the government’s legal filings as “Abrego Garcia,” informed the court he goes by “Abrego” as his last name.

Kilmar Abrego Garcia enters not guilty pleas while federal judge defers decision on his release

Nevertheless, Holmes wrote, “due process demands that every person charged with a federal crime be afforded a presumption of innocence unless proven guilty beyond a reasonable doubt and that deprivation of an individual’s liberty prior to trial can occur only in carefully limited circumstances with all the procedural safeguards afforded by the Bail Reform Act.” 

“Abrego, like every person arrested on federal criminal charges, is entitled to a full and fair determination of whether he must remain in federal custody pending trial. The Court will give Abrego the due process that he is guaranteed.”

The judge set a June 25 court date to review the conditions for Abrego’s release. 

Abrego was brought to Nashville from El Salvador on June 6 to face human smuggling charges connected to a 2022 Tennessee traffic stop. He was pulled over for speeding with nine Hispanic men in the back of a Chevrolet Suburban. He was neither arrested nor charged in the incident. 

But a recent Department of Homeland Security investigation opened into the three-year-old stop gave rise to the charges he now faces. 

Abrego entered “not guilty” pleas to the charges in an appearance in federal court on June 13.

Prosecutors argued that Abrego should be detained because his crimes involved minor victims, he is a flight risk and could potentially intimidate witnesses. Abrego is not charged with any crimes related to child victims. 

Holmes dismissed arguments that Abrego’s alleged illegal transport of immigrants from Texas to destinations around the country for payment involved a teenager. 

Abrego’s deportation to a notorious Salvadoran prison that U.S. officials acknowledged was in error then refused to return him, has sparked national scrutiny to Trump administration immigration crackdowns.

Abrego Garcia